Posted on 02/07/2004 11:18:27 PM PST by Diddle E. Squat
HALTOM CITY - Voters overwhelmingly demanded change Saturday in Haltom City, ousting the five City Council members who voted to fire the city manager in October.
But it is still unclear whether the five will be required to step down immediately and how the council will function with only two members. The city attorney is expected to issue a legal opinion Monday.
The councilmen angered residents late last year when they fired Richard Torres three days after he wrote a memo claiming that Councilman Trae Fowler was threatening his job. Fowler denied the allegations.
The election results drew smiles Saturday from recall supporters at City Hall. Mayor Calvin White, who did not face recall, called the vote a "great victory for Haltom City."
"They've sent a message loud and clear, and that message is they have high expectations of the officials they elect and that they will hold us accountable for our actions," he said.
Voters recalled Fowler, 1,917 votes to 522, according to unofficial results. Also recalled were Councilmen David Averitt, 1,889 to 549; Tracy Henderson, 1,729 to 636; Bob Hurley, 1,838 to 602; and John Williams, 1,802 to 636. About 12 percent, or 2,463 of Haltom City's 20,102 registered voters, turned out at the polls.
Williams declined to comment Saturday night. The other four officials could not be reached.
White and council members Jim Sutton and Diane Bransom, who all opposed Torres' firing, are the only elected officials in the city who did not face recall.
"The people have spoken. They are ready to put the interest of Haltom City first rather than the interest of five councilmen," Sutton said. "I think we have made a step in improving the image of Haltom City."
The recall effort sparked deep divisions in the city, prompting each side to send a flurry of mailers to residents. The volatile political atmosphere prompted 15 voters to ask the Texas secretary of state's office to send an election inspector to the polls Saturday. The inspector declined to comment Saturday night; a report is expected to be issued after the election, according to a spokeswoman for the office.
Fowler survived a recall election one year ago with 52 percent of the vote. At that time, residents contended that he had a conflict of interest as a councilman because of a contract that his company had with the city to complete a drainage project at the Legend Pointe subdivision.
The city said his company, North Texas Land Development, never finished the project, and the city kept $25,000 of the company's escrow money. Fowler said the project was finished on time.
In a memo to the council just before he was fired in October, Torres claimed that Fowler pressured him for the escrow money numerous times, telling him he could get the votes needed to fire him.
Torres has sued the city, citing protection under the Texas Whistleblower Act, and claims that he was fired for reporting wrongdoing by Fowler.
Last week, the five-member council majority voted to hire Assistant City Manager Tom Muir to replace Torres, cutting short the city's national search for a new city manager without interviewing any of the candidates. Critics said those facing recall wanted to quickly install their favorite before they were ousted.
The city has asked for an opinion from the state attorney general's office on how the council would operate now that five council members have been recalled. The attorney general's office has not yet responded.
Votes for the recall election are not expected to be canvassed by the council until Feb. 17. The recalled officials will continue to serve at Monday's regularly scheduled council meeting, when the city attorney is expected to issue an opinion on how the council will operate with only two members and a mayor.
"It is my understanding his recommendation will be no council meetings with the exception of severe emergencies," White said. "The charter empowers the city manager on a day-to-day basis, and Tom Muir is a class act of the highest integrity. The citizens of Haltom City will not see any difference."
Terms for all but Henderson expire in May. All of them except for Williams could file to run again in the May 15 election. Williams cannot run again because of term limits.
Voters also approved three of 12 proposed changes to the city charter. One change sets out the term and removal procedures for the Municipal Court judge. Another amends the residency requirement for a City Council candidate to conform with state law, and the third makes nonsubstantive, grammatical and contextual corrections and eliminating redundancies in the charter.
Not too deep, apparently, since 75% of the voters chose to kick 'em out...
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